배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by C, and all of the real estate was owned by C. At the request of the Defendant, a mortgagee, the decision of commencing an auction of real estate rent (hereinafter “instant auction”) was rendered on January 8, 2014.
At the time, joint collateral security was established in the name of the defendant with respect to the real estate 1 to 5 of this case.
B. As of July 26, 2014, a lease agreement was concluded between C and the Plaintiff, with the location of “Ssung City D”, “60 square meters of land”, “Slarbridges”, “Leases”, and “Lease deposit amount” as of August 2, 2014. On the same day, the Plaintiff reported the transfer of resident registration in the above address (the road name address is “Ssung Si E”), and obtained a fixed date on the same day.
The Plaintiff remitted to C the sum of KRW 50,000,000,000,000 on August 1, 2014, and KRW 10,000 on August 20, 2014, and KRW 28,00,00 on August 28, 2014, the Plaintiff occupied the instant 4 real estate on the first floor around that time.
C. On December 24, 2014, when the instant auction procedure was in progress, C divided the instant real estate and the instant land into 3672 square meters (hereinafter “F land before subdivision”) of the F field F in Sungsung-si (hereinafter “G land”) into 1983 square meters (hereinafter “C land”). On January 7, 2015, H completed the registration of ownership transfer for G land on the grounds of sale on November 24, 2014.
On November 24, 2014, the Defendant filed an application with C for the extension of two months for the sale date of the instant auction so that the said sale may be carried out. Of the purchase price received by C through the said sale, C, 170 million won, excluding KRW 3.5 million for land division costs and KRW 5 million for brokerage fees and KRW 1,010,000 for provisional attachment termination costs to Nonghyup Bank and KRW 1704.9 billion for repayment of the Defendant’s principal and interest of the loan to C.